M/S.Kiruba Construction v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.20920 of 2019 M/s.Kiruba Construction, Rep. by its Proprietor Mr.C.J.Charles Rajkumar S/o.P.C.Jeyaraj No.11, Cross Street, West Karikalan 3rd Street, Adambakkam, Chennai - 600 088.

... Petitioner Vs.

1.The Commissioner of Police, Greater Chennai, Chennai - 600 007.

2.The Inspector of Police, Central Crime Branch, EDF - III, Commissioner Office, Chennai - 600 007.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent police to secure the accused namely 1) Mrs.Rahamathunnisa (Accused No.1) and Syed Ahmad (Accused No.2) as per FIR No.195/2018 dated 08.11.2018 pending on the file of 2nd respondent. For Petitioner : Mr.G.V.Sridharan For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed for a direction to the respondent police to secure the accused persons in the course of investigation in Crime No.195 of 2018.

2.The learned Additional Public Prosecutor on instructions submitted that the respondent police is in the process of issuing Section 41(A) of Cr.P.C notice to the accused persons in order to summon them for enquiry.

3.Taking into consideration the facts and circumstances of the case and the decision taken by the respondent police to proceed further against the accused persons by issuing a notice https://hcservices.ecourts.gov.in/hcservices/

under Section 41(A) of Cr.P.C., this Court cannot grant the relief as sought for by the petitioner.

4.The respondent police is directed to proceed further with the investigation and complete the same as expeditiously as possible and file a final report or a closure report as the case may be before the appropriate jurisdictional Magistrate Court. 5.This Criminal Original petition is disposed of with the above directions.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar jas/vs To 1.The Commissioner of Police, Greater Chennai, Chennai - 600 007.

2.The Inspector of Police, Central Crime Branch, EDF - III, Commissioner Office, Chennai - 600 007.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.V.Sridaran, Advocate, S.R.No.66550 Crl.O.P.No.20920 of 2019 SPD(CO) RRS(20/08/2019) https://hcservices.ecourts.gov.in/hcservices/